5 Dec 2016

From today, you’ll need to consider new planning legislation for your development projects in Queensland. When you make Material Change of Use applications for sites adjacent to State Heritage Places, they’ll now be subject to an assessment. Here we answer five key questions arising from the new legislation.

1. What has changed?

The revised Sustainable Planning Regulation (No.4) 2016 takes effect today and includes provisions to minimise impacts on the settings of State Heritage Places adjoining development.

Development applications for a Material Change of Use on a site that shares a common boundary with a site entered in the Queensland Heritage Register, or a site that contains a place entered in the Queensland Heritage Register, will now trigger a referral to the State Assessment Referral Agency (SARA) as a concurrence agency.

2. What is the test for assessment?

The test for assessment is the consideration of the bulk, form, siting and proximity of the proposed development, and the impacts this will have on the cultural heritage significance of the adjoining State Heritage Place.

3. Are there any exceptions?

There are some exceptions to the trigger being applied, including:

  • Internal alterations or minor external alterations of existing structures;
  • Uses more than 75 metres from the common boundary;
  • Single storey structures;
  • A Dwelling House more than 25 metres from the common boundary; and
  • Development adjacent to a State-listed archaeological place.

4. Where are these changes reflected?

These changes are reflected in amendments to the State Development Assessment Provisions and the Queensland Heritage Place State Code. The Code includes a new Performance Outcome as follows:

P01 Development on land adjoining a State Heritage Place:

  1. Is located, designed and scaled so that its form, bulk and proximity does not have a detrimental impact on the cultural heritage significance of the State Heritage Place; or
  2. Where it is demonstrated that 1 is not reasonably achievable, the development minimises and mitigates unavoidable detrimental impacts on cultural heritage significance.

5. Where can I find out more?

If you would like to discuss how these changes may affect your sites or development proposals, please contact Scott Richards (srichards@urbis.com.au) or Tina King (tking@urbis.com.au) at Urbis on 3007 3800.